BENITEC’S LICENSED PLATFORM RNAi PATENT SUCCEEDS IN EUROPEAN OPPOSITION
• Waterhouse patent in Europe EP1068311 upheld in opposition proceedings
• EPO opposition hearing for Graham EP1624060 patent scheduled for June 2015
Sydney, Australia, March 2, 2015: Benitec Biopharma Limited (ASX: BLT, OTC: BTEBY) is pleased to advise that the European Opposition Division has upheld CSIRO’s platform RNAi patent from the Waterhouse family, EP 1068311, in an amended form. Benitec is the exclusive worldwide licensee of this patent for human therapeutic applications. The opposition hearing was held in The Hague on 7 and 8 January 2015 and was jointly attended by CSIRO, and Benitec and Bayer representatives as exclusive licensees in human therapeutics and plant fields, respectively.
The European Examining Division granted EP 1068311 on 31 March 2011 and the grant was opposed by four parties – BASF SE, Syngenta International AG, Carnegie Institution of Washington/University of Massachusetts and Strawman Limited (subsequently identified as Galapagos NV). The patent was upheld in the opposition hearing with amendments to focus the patent claims to hairpin RNA molecules produced from the genetic constructs of DNA- delivered RNAi (ddRNAi). This patent from the Waterhouse family complements the foundational RNAi patents of the Graham patent family. The Waterhouse patent family has no limitations on the maximum length of the constructs generated by ddRNAi, offering broad protection for the platform technology.
In addition to this, Benitec also announces the hearing date for an opposition hearing for a European patent in the Graham family. EP 1624060 was granted in Europe on 1 September 2011 and has been opposed by a single party, BASF SE. The hearing is scheduled to be held in The Hague on 17 June 2015. This patent is the second filing in a suite of patents filed in Europe for the Graham family. The first European patent, EP 1555317, was revoked in opposition proceedings in May 2014. CSIRO and Benitec appealed this decision of revocation on 21 November 2014; see ASX announcement of 25 November 2014, entitled “Benitec files appeal to Graham patent in Europe”.
Ms Sakura Holloway, IP Counsel at Benitec, commented, “The key difference between the two EP Graham patents is in the length of the expressed RNA. The arguments that were filed in the Statement of Appeal for EP 1555317 were very carefully considered and are also relevant to the second Graham patent. We expect positive outcomes in both cases.”
AI
